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Is it true that within 5 years of the suspension in nj, you can take it back to court and get them back?

Bridgeton, NJ |

Meaning a trial.

Attorney Answers 4


Your question is a little hared to understand. If you have a prior driving while suspended in New Jersey you do need to restore your drivers license in order to legally drive in the state.

Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all of your rights.

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You are permitted to file a Post Conviction Relief petition (PCR) for 5 years after your conviction. It does run from the end of the sentence but I do not know if this includes a suspension. You can't just take it back. There must be grounds for the appeal. Call for a free consultation if you like.

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You have 5 years to file a motion for Post Conviction Relief whereby you seek to vacate or set aside your prior guilty plea. This is time sensitive [5 years] and there is no guarantee that the judge will grant your motion for PCR. You have 20 days to appeal a judge's denial of your PCR motion.

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The five year time frame you are probably referring to is the time allowed for post-conviction relief. Post-conviction relief is the most common way to challenge a conviction for a criminal or traffic offense. There is a five year window that you have. However, under some circumstances that time frame can be relaxed. Also, you must have a sufficient legal reason, either substantive or procedural, as to why you are entitled to PCR. Additionally, if successful with the PCR, the conviction is vacated, and the charges are reinstated, which means that the case essentially starts over. Under some circumstances, the State will be willing to negotiate a new plea. If this is the case, then the defendant may elect to take the plea offer, especially if the disposition allows the defendant to avoid the penalties that may have been the motivation to file for PCR in the first place.

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